2025 New York Laws
RSS - Retirement and Social Security
Article 18 - Provisions Generally Applicable to Public Retirement Systems
809 - Effect and Rebuttal of Certain Medical Presumptions Pertaining to Diseases of the Heart.

§  809. Effect and rebuttal of certain medical presumptions pertaining
to diseases of the  heart.  a.  This  section  shall  apply  to  certain
applications  for  disability retirement allowances made by or on behalf
of a member of the New York state and local employees' retirement system
or the New York state and local police and fire  retirement  system.  It
shall  apply only to applications that are subject under this chapter to
a provision that any condition of  impairment  of  health  caused  by  a
disease  of  the  heart,  resulting  in disability, shall be presumptive
evidence that such  disability  was  incurred  in  the  performance  and
discharge of duty and the natural and proximate result of an accident.
b.  Notwithstanding  any  other  provision  of  law to the contrary an
application for an accidental disability retirement  allowance  that  is
based  on a permanent incapacity caused by a disease of the heart, shall
not be required to allege or establish:
  (1) that the member sustained an accident or other incident related to
the performance and discharge of duty; or
  (2) that notice was provided thereof.
c. Notwithstanding any other provision of law  to  the  contrary,  the
presumptions  referred  to  in  subdivision  a  of  this  section may be
rebutted only by competent evidence  that  the  disability  is  not  the
natural and proximate result of the performance and discharge of duty.